Any person may oppose a trademark application within 60 days from the date of publication by filing an opposition to the Registrar on any of the grounds mentioned in Sections 13 and 14 of the Trademark Law, 2020 (hereinafter referred to as ‘the Law’).
OPPOSITION PROCEDURE:
- Notice of Opposition: The Opponent initiates the process by filing a notice of opposition, within 60 days from its publication, based on the grounds specified in Sections 13 and 14 of the Law..
- Evaluation of Opposition by Registrar: Once the opposition is filed, , the Registrar will conduct a substantive review of the opposition and its grounds, ultimately deciding whether to proceed with or reject the opposition in accordance with Sections 13 and 14 of the Law. During this period, the examiners may request additional information / evidences from the Opponent, if required.
- Service of Opposition – Once the opposition is accepted by the Registrar, it is served to the applicants. The applicants then have 60 days to submit their response to the opposition.
- Evidence – Once the counter statement is filed by the Applicant, the Registrar reviews the counter statement to issue a decision on the opposition. However, if the Applicant wants the Opponent to provide further evidence, they must notify the Opponent within 60 days of the notification regarding the Opponent’s evidence submission. When the Opponent will provide the additional evidence, they must notify the Applicant, who then has 30 days to submit a written statement in response.
- Registrar’s requirement for additional evidence: The Registrar may request either party to submit further grounds or documents within 30 days of the notification of additional evidence. The Registrar may also issue summons to both parties if deemed necessary.
- Decision: The Registrar will make a decision based on the evidence, written arguments, and documents submitted by both parties. Once a decision is reached, the Registrar will notify both parties and publish the decision.
- Appeal: If either party wishes to appeal the Registrar’s decision, they must do so within 60 days from the date of the decision. The appeal will be directed to the ‘Agency’. If the party remains dissatisfied with the Agency’s decision, they may appeal to the Supreme Court within 90 days of the Agency’s ruling. The Supreme Court’s decision will be final.
- Documents required
- Power of Attorney: a duly executed and notarized power of attorney, which is signed by the Opponent.
- Evidence which is to be submitted along with the opposition: the evidence which displays the use of the earlier trademark along with the evidence showcasing the grounds on which the opposition is filed.